A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

On July 23, 2015, at around 23:30, the Defendant: (a) received 112 report that “C” located in Yeongdeungpo-gu Seoul Metropolitan Government would drink and take a person for flight without paying the drinking value; and (b) received confirmation of the fact from E, etc. of the situation where the police box affiliated with the Seoul Yeongdeungpo-gu Police Station, Seoul, Yeongdeungpo-gu Police Station: (c) took a bath to “nick persons who believe that they do not have any meat,” and obstructed the legitimate performance of duties concerning the public safety and maintenance of order of police officers by assaulting the aforementioned E three times by assaulting the police officer on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to the service place of a on-site operation report and a D police box;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] In order to block the light view of public authority and create a social atmosphere that respect the law and principles, it is necessary to strictly punish the crime of obstruction of performance of official duties. However, the defendant is against the confession of the crime in this case. The defendant is against the confession of the crime in this case; the defendant has no criminal records of the same kind and suspended execution; the defendant has no criminal records of the same kind and suspended execution; the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.; and the probation of all kinds of sentencing as shown in the records and arguments in this case, the suspended sentence of imprisonment